Legal Question in Family Law in Texas

I am in Texas. I bought a home solely under my name before getting married to my husband who owes child support back pay. I am trying to sell my home now, and was told there was a lien on my property because of my husband's child support situation. Is this legal? The home is not under his name.


Asked on 7/14/16, 11:44 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

I assume that you made house payments during the marriage. If you did, then there is a "community claim" against the house, even though it continues to be your separate property.

HOWEVER, a child support lien doesn't attach to homestead.

HOWEVER, you may still have to file a suit to remove cloud from title before you sell the house. And it may end up being cheaper just to pay the child support arrearage out of the sale proceeds.

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Answered on 7/15/16, 12:49 pm


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